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Election Day (Dec 19th, 2012) Overtime Pay

 
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ytide



Joined: 26 Jul 2009

PostPosted: Sat Nov 24, 2012 6:50 am    Post subject: Election Day (Dec 19th, 2012) Overtime Pay Reply with quote

Wednesday, December 19th 2012 is the day of the presidential election.

As far as I understand, the presidential election day is declared a national holiday by the government, i.e. a "Red Day" -- in which schools, government offices, banks, many companies, are all closed. If we are being asked to work on that day, are we legally entitled to overtime pay?

And if so, what is the overtime rate, by law? Is it 150% of normal daily pay? So, on a 2.2 million base salary, dividing that by 30 and multiplying by 1.5 = 110,000. Should an employee of a hagwon (at 2.2 million) receive 110,000 in extra pay for working on this Election 'Red Day'?
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ontheway



Joined: 24 Aug 2005
Location: Somewhere under the rainbow...

PostPosted: Sat Nov 24, 2012 1:37 pm    Post subject: Re: Election Day (Dec 19th, 2012) Overtime Pay Reply with quote

ytide wrote:
Wednesday, December 19th 2012 is the day of the presidential election.

As far as I understand, the presidential election day is declared a national holiday by the government, i.e. a "Red Day" -- in which schools, government offices, banks, many companies, are all closed. If we are being asked to work on that day, are we legally entitled to overtime pay?

And if so, what is the overtime rate, by law? Is it 150% of normal daily pay? So, on a 2.2 million base salary, dividing that by 30 and multiplying by 1.5 = 110,000. Should an employee of a hagwon (at 2.2 million) receive 110,000 in extra pay for working on this Election 'Red Day'?




Election day is not a red day. It is not a legal holiday.

Public schools are generally closed and some large businesses take the day off. Other schools and the rest of Korea will be working.

Sorry. No OT pay.
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ytide



Joined: 26 Jul 2009

PostPosted: Sat Nov 24, 2012 3:36 pm    Post subject: Reply with quote

Quote:
It is not a legal holiday.


The government says it is:

"Other national holidays are designated by the south Korean government when necessary, like general elections, presidential election". (http://www.qppstudio.net/bankholidays2012/south_korea.htm)

Even banks are closed. Schools are mandatorily closed. Government offices and mandatorily closed. It sounds like a "legal" holiday to me!

Can someone cite the relevant law? Experience from 2007?
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faeriehazel



Joined: 04 Mar 2008

PostPosted: Sat Nov 24, 2012 4:16 pm    Post subject: Reply with quote

I've read several articles in Korean newspapers stating that election day is not an official holiday but should be. So no, it is not an official holiday. Many unions are demanding it be made an official holiday so they can vote without losing a day's worth of wages.
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schwa



Joined: 18 Jan 2003
Location: sokcho

PostPosted: Sat Nov 24, 2012 4:46 pm    Post subject: Reply with quote

This same discussion came up in april (National Assembly election) & this will be the same deal. As a holiday, its "national" in scope but its deemed a "special holiday," not a red day on the calendar.

Public schools will be closed. A few hagwons might choose to close, but for most it will be business as usual. OT pay, forget it. Universities, I dont know.
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Wildbore



Joined: 17 Jun 2009

PostPosted: Mon Nov 26, 2012 11:41 am    Post subject: Reply with quote

How is it working overtime? You are on a monthly salary. It is a weekday. End of story.

With this logic someone can also argue that the pay should be docked for those who get that day off.
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Squire



Joined: 26 Sep 2010
Location: Jeollanam-do

PostPosted: Mon Nov 26, 2012 3:01 pm    Post subject: Reply with quote

Shame there are two days off in the last two weeks of the school year. Last year we were watching films in just about every class by that point, I'd rather have the days at a different time

Can't complain though Very Happy
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